论人工智能创造物的著作权归属

On the Copyright Ownership of Artificial Intelligence Creature

当下有两种与人工智能创造物有关的作品形式:一是辅助型人工智能创造物;二是独立型人工智能创造物。对于辅助型人工智能(弱人工智能)的创造物而言,人工智能本质上是一种新工具,一般认为著作权法可以认定为计算机软件生成物进行处理;但对于深度学习功能的人工智能产生的创造物,在采用创造原则的著作权归属体系下,其著作权归属安排存在着不可调和的矛盾。为此,在维持现行法稳定性的前提下,有必要对著作权的归属原则进行更深入的审视。事实上,传统的创造原则在我国本就不是权属安排的唯一选择,在部分作品形式上,投资原则业已成为权属安排的一项重要制度。因此,对于人工智能创造物的权属安排,应采用投资原则,以此来解决人工智能创造物的权利归属问题。

There are two forms of works that are related to artificial intelligence creature. One is the aid-oriented artificial intelligence creature; the other is the stand-alone artificial intelligence creature. With regard to the creature of aid-oriented（ weak artificial intelligence） artificial intelligence,artificial intelligence is essentially a new kind of tool. It is generally regarded as the product of computer software. However,for the product of the further-learning artificial intelligence,its copyright ownership has the irreconcilable contradiction under the system of copyright ownership characterized with the creative principle. Consequently,based on the premise of stabilizing the present law,it is necessary to have a further survey of the attribution principle of copyright. In fact,the traditional creation principle isn＇t the only choice of the ownership arrangement in our country. The investment principle has become an important institution of ownership arrangement in the form of some works. Consequently,this paper believes that,so far as the ownership arrangement of the artificial intelligence creature is concerned,we should adhere to investment principle,so as to solve the issue of attribution right of the artificial intelligence creature.